In a recommendation adopted today, the Council of Europe’s Committee of Ministers calls on governments to ensure that prison and probation services use the technologies legitimately and proportionately and only if they contribute to the rehabilitation of offenders. The technologies should not replace prison and probation staff in their everyday work and interaction with offenders but rather assist them in that work, and help the criminal system, particularly in executing penal sanctions and measures, enhancing rehabilitation and resocialisation of persons in conflict with the law and reducing recidivism.

The recommendation addresses the ethical and organisational aspects of using AI and related digital technologies in prison and by probation services and aims to guide states when adopting national legislation, policies, and practices.

It highlights that all processes related to the design, development, provision, use, and decommissioning of AI and related technologies used by prison and probation services and private companies acting on their behalf should be transparent to public scrutiny and comply with national and international legal standards, including the Council of Europe Framework Convention and Artificial Intelligence and Human Rights, Democracy and the Rule of Law (CETS No. 225).

The recommendation notes that AI can assist in maintaining safety and security in prisons and, therefore, allow for better risk and crisis management. However, its use should be strictly necessary and avoid adverse effects on the privacy and well-being of offenders and staff.

It also underlines that when using AI to assist in decision-making, prison and probation services should put measures in place to avoid biases against individuals or groups of individuals and prevent discrimination, particularly in relation to risk assessments and the management of offenders.

In addition, any decisions based on the use of AI and related digital technologies which may impact human rights should be subject to human review and effective complaint mechanisms. Regarding data protection and the right to privacy, the use of AI should be limited to what is strictly necessary while ensuring the confidentiality and the integrity of personal data.

Finally, the recommendation underlines that AI can also enhance the recruitment, management, training, and development of prison and probation staff, while emphasising the need to respect the right of staff to be informed of the reasons for decisions and to request a human review, as necessary.